Giving anti-graft law more teeth, the Lok Sabha on Tuesday passed the Prevention of Corruption (Amendment) Bill, 2018 that seeks to punish both bribe-takers and bribe givers.

The Bill provides for a minimum 3 to maximum 7-year jail terms with fine to those found guilty of taking or giving bribe to government officials. Habitual offenders will be given 5 to 10-year jail terms with fine.

The Bill, however, protects the honest officials from any prosecution if they perform their duty in good faith.  

While widening the scope and ambit of the offence of corruption, the Bill provides protection to even retired officials from prosecution by making it mandatory for investigating agencies to take prior approval from a competent authority before conducting an enquiry against them.

However, the Bill makes it clear that no such permissions will be necessary for cases involving the arrest of a person on the spot on charge of accepting or attempting to accept any “undue advantage” for himself or for any other person.

The Bill has expanded the definition of “undue advantage” by including anything other than legal remuneration.

Under the Bill, gifts received with motive to cause undue advantage or under any mala-fide motive will be considered as an act of corruption. Previously all gifts were exempt from scrutiny, allowing for abuse. The Bill provides for immediate forfeiture of illegal property of a public servant. It states that possession of illegal property itself is sufficient cause for protection.

With an aim to provide justice in time, the Bill talks about conclusion of an investigation into corruption cases in two years or a maximum 4 years.

The Bill criminalises corporate bribery too. That mean senior functionaries of a commercial establishment will be held responsible if their employee or agent is found to have bribed with their approval, for advancement of the establishment or organisation’s interest.